Loading...
HomeMy WebLinkAboutresolution.council.048-92 f... { c, _n,. ~ "\.. '.e;:. ~'i ~~, RESOLUTION NO. ~ (Series of 1992) A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE BOUNDARIES OF THE CITY OF ASPEN FOR THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC AND COMMUNICATIONS FACILITIES TO UNDERGROUND LOCATIONS; ADOPTION OF DETAILS AND SPECIFICATIONS THEREFOR; AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the City Council has determined that the removal of all or a part of the existing electric and communications facilities, including but not limited to, overhead electric, television, or telephone communications facilities and the replacement thereof with underground electric and communication facilities will promote public convenience, necessity and welfare; and WHEREAS, the City Council of the City of Aspen, Colorado, has determined to create a local improvement district pursuant to the provisions of the Colorado Underground Conversion of Utilities Act, and to provide for the relocation of overhead electric, television, and telephone communication facilities to underground locations and to assess the cost against the prop!Orty benefited and included within the proposed improvement district; and WHEREAS, said local improvement district is depicted on the map appended hereto as Exhibit "A" and by this reference incorporated herein as if fully set forth here; and WHEREAS, the City Council has heretofore adopted a resolution directing each public utility serving the above mentioned district by overhead electrical or communication facilities to make a study of the cost of conversion of the facilities to underground services; and ~. -'. ~\ 'L ~\ ~. .' ~l. . 'll,. . \, '" ,/ WHEREAS, the public utility companies, pursuant to said resolution, have prepared their reports setting forth the costs and feasibility of the proposed project, which has been filed with the City Clerk; and WHEREAS, the City Council has examined and considered the reports by the public utility companies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the reports by the above mentioned utilities, setting forth an estimate of the costs and feasibility for the conversion of existing overhead electric and communication facilities to underground service, prepared and filed with the City Clerk, be and the same is hereby approved and adopted by this Council for use in the construction of the improvements to be made in said local improvement district. Section 2 That the costs and expenses of the district created are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining and adjacent lots and lands along or upon whose improvements are to be made, and upon lots and lands benefited by such improvements and included in the improvement district created. Section 3 That it is the intent of the City Council of the City of Aspen to make such improvements which will promote public convenience, necessity, and welfare. 2 t.... ,~, tA. e. e"" .,!: ~~, Section 4 That the area and boundaries of the proposed improvement district shall be as depicted on the map appended hereto as Exhibit "A" and by this reference incorporated herein as if fully set forth here. Section 5 That the City Council has determined that special benefits will accrue to each lot and tract of land within the District as a result of the relocation of utility lines and equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the greater safety of the residents, particularly children, within the proposed improvement district. Section 6 That the improvements shall consist of removing overhead electric and communications facilities, including but not limited to, electric, television, and telephone communication poles, lines and other equipment, and replacing the same with underground electric, television,and telephone communication facilities, except certain terminal and utility boxes or pedestals, which will be above ground, and including all necessary changes to the service entrance equipment of each structure and residence. The lines will be installed in trenches and ditches which will be placed across present easements and across those lots and tracts of land as the public utility companies shall determine necessary and feasible for the location of such underground lines, Md as shown on the reports presently on file with the City Clerk. Section 7 That the present total estimated cost of the proposed removal of all existing overhead electric and communication facilities within the District, and the replacement of the same with underground electric, television, and telephone communication facilities is the amount of Five 3 ',:..... IS ii;, ;?It.. \'i. \\ "\, ..'.'.It".... ,\\1 (\ ~/ Hundred Fifteen Thousand Eight Hundred Fifty Dollars ($515,850.00), not including any bond interest cost. Section 8 That a hearing on the proposed improvements and the question of benefit to be derived by the real property in the proposed improvement district shall be held by the City Council at 5:00 o'clock p.m. on November 23, 1992, in the City Council chambers at 130 S. Galena Street, Aspen, Colorado. Section 9 That the City Clerk shall cause notice of the proposed improvements and the hearing thereon to be made in the following manner: (a) publication of the notice in full one time in the Aspen Times, a newspaper of general circulation in the City; (b) mailing the notice to the last known address of each owner of land within the proposed district whose property will be assessed for the cost of the improvement (the address to be used for said purpose shall be that last appearing on the real property records in the office of the county treasurer of Pitkin County); and (c) mailing a copy of such notice addressed to "owner" at the street number of each piece of improved property to be affected by the assessment. The Notice to be published and mailed shall be in substantially the following form: NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE CITY OF ASPEN, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD ELECTRIC AND COMMUNICATIONS FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES, AND NOTICE OF A HEARING THEREON. (a) All owners of real estate and property hereinafter described, and all persons generally, are hereby notifi.ed that there was filed with the Clerk of the City of Aspen, Colorado, reports by Holy Cross, U.S. West and Canyon Cable, as to the cost and feasibility of the removal of existing overhead electric and communications facilities and replacing the same with underground electric and communications facilities within a proposed underground local 4 DI.."..... It i'. "'- 1/._. - tit ~/ improvement district within the present boundaries of the City of Aspen, to be known as Utility Underground Improvement District No.2. (b) The area and boundaries of the proposed improvement district are depicted in Exhibit "A" attached hereto. By way of further describing the area and boundaries of the di strict, the district shall encompass all of the area bounded as follows: Those areas within the city limits of the City of Aspen which are situated (a) West of Castle Creek and North of state highway 82, excluding the municipal golf course and all lots in the West Aspen subdivision which do not front upon Cemetery Lane; (b) South of Deane St. (and Deane Street extended to city limits), excluding all property within the Upper or Lower Improvement Districts; and (c) all lots or parcels of property within Utility Underground Improvement District No. I which did not have their overhead electric or communication facilities previously converted or which subsequently installed overhead facilities. (c) The improvements will consist of removing overhead electric and communication facilities, including but not limited to, electric, television and telephone communications poles, lines and other equipment in the proposed district. They will be replaced with underground electric, television, and telephone communications facilities, except certain terminal and utility boxes or pedestals which will be above ground, and including all necessary changes to the service entrance equipment of each structure and residence, all as more particularly set forth in the joint cost and feasibility report. The lines will be installed in trenches and ditches which will be placed across present easements and across those lots and tracts of land as the public utility companies shall determine necessary and feasible for the location of such underground lines. (d) The City Council has determined that special benefits will accrue to each lot and tract of land within the proposed improvement district as a result of the removal and replacement of utility lines and equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the greater safety of the residents, particularly children, within the district. (e) The estimated total cost of the project as determined from the cost and feasibility reports by the affected public utilities and including the cost of the improvements, engineering and clerical services, advertising, inspection, collection of assessments, interest on bonds, and for legal services for preparing proceedings and advising in regard thereto, is the amount of Pive Hundred Fifteen Thousand Eight Hundred Fifty Dollars ($515,850.00). (1) It is proposed that the cost of the improvements shall assessed according to the benefits to be derived by each tract, block, lot, and parcel of land within the district. The proposed means of apportioning such cost shall be as follows: 1. All secondary service connections attributable to Holy Cross electrical facilities shall be assessed the actual costs directly to the owner of the property upon which such work is performed. 5 .'.. ''I:!! ItA :., ,. - -- 2. All costs attributable to the conversion of U.S. West facilities shall be assessed equally to all owners of either property upon which aqtual physical conversion work is performed or property which is adjacent to or across the street from the conversion of primary communication facilities. 3. The cost attributable to acqulSltlOn of access easements for electrical facilities shall be assessed equally to all owners of property who. are subject to assessment under subsection 1 above. 4. Bond issuance costs shall be assessed equally to all property owners who chose to finance their assessments. (g) A hearing on the proposed improvement and the question of benefits to be derived by the real property in the district, will be held by the City Council at 5:00 o'clock p.m. on November 23, 1992, in City Council chambers at 130 S. Galena Street, Aspen, Colorado. (h) Any interested person desiring to be heard upon the issue of the creation of the proposed improvement district and the question of whether his or her property will be benefited by the proposed improvements, may appear at the time and place set for the public hearing. Every person who has real property within the boundaries of the district, and who fails to appear before the City Council at the hearing and make any objection he or she may have to. the creation of the district, the making of the improvements and the inclusion of his or her real property in the district, shall be deemed to have waived such objection. Such waiver shall not, however, preclude his or her right to object to the amount of the assessment at the assessment hearing, at a later date. (i) If at any time during the public hearing the City Council is presented with a petition signed by at least a majority of the property owners owning at least a majority of the assessable land of the proposed district protesting the proposed improvement, and such a petition is still outstanding at the close of the public hearing, the district and the project shall be abandoned. (j) The public utilities performing the conversion will, at the expense of the property owner, convert to underground all electric and communication facilities located upon any lot or parcel of land within the improvement district and not within the easement for distribution. This will include the digging and the back filling of a trench upon such lot or parcel, unless the owner executes a written objection thereto and files the same with the City Clerk not later than November 23, 1992, at 5:00 o'clock p.m. The City Clerk's office is located at City Hall, 130 S. Galena Street, Aspen, Colorado. Failure to file a written objection shall be taken as a consent and grant of easement to the public utilities and shall be construed as express authority to. the public utilities and their respective officers, agents and employees to enter upon such lot or parcel for such purpose. Failure to object shall be a waiver of the owner's right of protest or objection with respect to the doing of such work. If an owner does file a written objection, he shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs from the owner's service entrance to a point designated by the public 6 ~-.... .. tit ~.' "\~. utility and for backfilling a trench following the installation of the underground service by public utility involved. In any event, the cost of any work done by the public utility will be included in the assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner involved will be obligated for, and the public utility entitled to, payment for the actual cost for any work performed upon the owner's property by the public utility. Further, the owner sqall, at his/her own expense, make all necessary changes in the servke entrance equipment to accept the underground service. (k) All owners of land within the proposed improvement distt1ct may file written requests for inclusion of the cost of conversion of utility facilities upon their property within the contemplated costs outlined above. Any owner who does not execute the objections provided! for above, or otherwise provide for underground service connections to his property, in a manner satisfactory to the public utility involved, shall be subject to disconnection from the electrical or communication facilities providing service to all buildings, structures, and improvements located upon the lot or parcel. (1) If the owner or person in possession of any lot or parcel of land prevents entrance upon the lot or parcel for conversion purposes, or fails to perform under the option described above and has not otherwise provided for underground service connections to the property in a manner satisfactory to the public utility involved, within sixty days from the time the converted facilities are ready for connection to the property, the electric or communication service shall be disconnected and removed and all overhead electric or communication facilities providing service to any building, structure, and improvement located upon such lot or parcel shall be disconnected. (m) A copy of the cost and feasibility reports, and all resolutions and proceedings,are on file and can be seen and examined by any interested person in the office of the City Clerk, City Hall, 130 S. Galena Street, Aspen, Colorado, during normal business hours, Mon!lay through Friday exclusive of legal holidays. Dated thisd,R day of (Q.u1" e...V ">' , 1992. ~ <;;, /J~ John S. ennett, Mayor r, Kathryn S, Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ /3 , 1992. ~) ,,-;!.~ ^ Kath S. Koch, City Clerk - undrcs2.rcs 7 -- I~ROVE_ UTILITY UNDERGROUND DISTRICT NO a ., <Po ~ q<-~ '0 "0 ~f <P.(" .~ Junding 98% completed 2 Utility Undergrounding Improvement District No Undergrounding 0/[1 /-- ......... , ~,o<,: 0+ . ..9~o, ..s'- C,,-S 0<:>-5 I line is City Limits There are a few pockets of a few customers within the area indicated as being complete which will be included in District No.2. NOTE Solid. heavy